| The following
Federal Trade Commission Rules of Practice were amended
on September 26, 1996. 61 Federal Register
50430-31, 50640-51 (1996). This version of the amended
rules was prepared by the agency's Office of General
Counsel. Please note that this version is being provided
for your convenience and that it does not constitute the
official text of the agency's rules. §3.37 Production of documents and
things; access for inspection and other purposes.
- (a) Availability; procedures
for use. Any party may serve on another
party a request: to produce and permit the party
making the request, or someone acting on the
party's behalf, to inspect and copy any
designated documents, as defined in § 3.34(b), or to inspect and copy, test, or
sample any tangible things which are within the
scope of § 3.31(c)(1)
and in the possession, custody or control of the
party upon whom the request is served; or to
permit entry upon designated land or other
property in the possession or control of the
party upon whom the order would be served for the
purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property
or any designated object or operation thereon,
within the scope of §
3.31(c)(1). Each such
request shall specify with reasonable
particularity the documents or things to be
inspected, or the property to be entered. Each
such request shall also specify a reasonable
time, place, and manner of making the inspection
and performing the related acts. A party shall
make documents available as they are kept in the
usual course of business or shall organize and
label them to correspond with the categories in
the request. A person not a party to the action
may be compelled to produce documents and things
or to submit to an inspection as provided in § 3.34.
-
- (b) Response; objections.
The response of the party upon whom the request
is served shall state, with respect to each item
or category, that inspection and related
activities will be permitted as requested, unless
the request is objected to, in which event the
reasons for the objection shall be stated. If
objection is made to part of an item or category,
the part shall be specified and inspection
permitted of the remaining parts. The party
submitting the request may move for an order
under § 3.38(a) with
respect to any objection to or other failure to
respond to the request or any part thereof, or
any failure to permit inspection as requested.
[43 FR 56867, Dec. 4, 1978, as
amended at 50 FR 42672, Oct. 22, 1985; 50 FR 53305,
Dec. 31, 1985]
|